"The richest people in the world look for and build networks, everyone else looks for work."

-- Robert T. Kiyosaki

What is the Attorney Breakfast Club? Seats Available!

Posted by on Apr 27, 2013 in Blog | 0 comments

The Attorney Breakfast Club has the following seats available. For more information or to reserve your seat, please contact Melramirez@attorneybreakfastclub.com

Broward Chapter:

  • Adoption Law
  • Appellate Law
  • Bankruptcy Law-SOLD
  • Commercial Litigation-SOLD
  • Corporate Law
  • Criminal Defense-SOLD
  • Disability Law
  • Employment Law
  • Entertainment Law
  • Family Law
  • Foreclosure Law-SOLD
  • Insurance Defense
  • Immigration Law
  • International Law
  • Mass Torts/Class Action-SOLD
  • Mediation
  • Patent and Trademark Law-SOLD
  • Personal Injury Law-SOLD
  • Probate and Estate Law-SOLD
  • Real Estate Law
  • Tax Law
  • Worker’s Compensation Law

Miami Dade Alpha:

  • Adoption Law
  • Appellate Law
  • Bankruptcy Law-SOLD
  • Collection Law
  • Commercial Litigation Law
  • Construction Law-SOLD
  • Corporate Law-SOLD
  • Criminal Law-SOLD
  • Disability Law
  • Employment Law-SOLD
  • Entertainment Law
  • Family Law-SOLD
  • Foreclosure Defense Law-SOLD
  • Immigration Law-SOLD
  • International Law-SOLD
  • Insurance Defense-SOLD
  • Mass Torts/Class Action-SOLD
  • Mediation-SOLD
  • Patent and Trademark Law-SOLD
  • Personal Injury Plaintiff Law-SOLD
  • Real Estate Law-SOLD
  • Tax Law
  • Transactional Law
  • Worker’s Compensation Law-SOLD

Miami Dade Beta:

  • Adoption Law
  • Appellate Law
  • Bankruptcy Law
  • Commercial Litigation-SOLD
  • Collections-SOLD
  • Corporate Transactional Law
  • Criminal Law-SOLD
  • Disability Law
  • Employment Law
  • Entertainment Law
  • Family Law-SOLD
  • Foreclosure Defense Law
  • Immigration Law-SOLD
  • Mass Torts/Class Actions-SOLD
  • Maritime Law-SOLD
  • Mediation-SOLD
  • Patent and Trademark Law-SOLD
  • Personal Injury Law
  • Real Estate Law-SOLD
  • Tax Law
  • Worker’s Compensation Law

To reserve your seat, or to learn more, please contact Dina@abcfornetworking.com.

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Get that Release

Posted by on Jul 28, 2015 in Blog | 0 comments

<a href=http://feedproxy.google.com/~r/lienzone/~3/XSFGnEKG330/ target=_blank >Get that Release</a>

By Alexander Barthet

After a developer and a contractor had completed construction of a condominium building, they were asked back by the association to perform some warranty repairs to the exterior cladding. The building was experiencing water intrusion through the stucco exterior.  The developer and contractor signed an agreement with the association which included a statement that once these repairs were completed, the association would make no further claim and release both the developer and the contractor.

Following a hurricane the next year and more water damage, the association submitted an insurance claim. When the claim wasn’t being immediately paid, the association sued the insurance company.  In turn, the insurance company sued the developer and contractor for defective workmanship on the exterior cladding.

But the insurance company lost this battle. The developer and contractor produced the agreement and release they had gotten from the association, and the court agreed with them.  The release they had obtained relieved both of them of further liability.

As any construction lawyer would advise you, get that release whenever you settle a claim. It will come in handy if someone pops up down the road making a claim on the same issue you already settled.

Source: http://feedproxy.google.com/~r/lienzone/~3/XSFGnEKG330/

  

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Building with Wood

Posted by on Jul 21, 2015 in Blog | 0 comments

<a href=http://feedproxy.google.com/~r/lienzone/~3/hrJKWbZjJ4k/ target=_blank >Building with Wood</a>

By Alexander Barthet

One of our readers brought something to our attention. He was intrigued with an article in Popular Science magazine describing how multistory buildings can be constructed with cross laminated timbers. With the first in London at 9 stories, and plans for a 34 story skyscraper in Stockholm, and another hi-rise made of wood in Vienna, the interest appears to be sparked by the fact that wood is cheaper, easier to assemble and more fire resistant.

Plyscrapers

Could we be seeing plyscrapers in our future, beginning to compete with more traditional skyscraper construction? For one, building with wood is supposedly safer in a fire. Where metal could melt all the way through in a blaze, a wooden plank may only char on the outside but seal the wood on the inside. And engineered wood is more advanced than ever, with cross laminated timber becoming accepted as a less expensive alternative to traditional concrete and steal construction.

But the question remains, will there be a large enough market for such buildings? Our reader thought not, and we agree.

The nine-story Stadhaud in East London, thought to be the tallest timber residential structure in the World.

Source: http://feedproxy.google.com/~r/lienzone/~3/hrJKWbZjJ4k/

  

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Repair Shop’s Right To Lien

Posted by on Jul 14, 2015 in Blog | 0 comments

<a href=http://feedproxy.google.com/~r/lienzone/~3/XkwMkLy_pJc/ target=_blank >Repair Shop’s Right To Lien</a>

By Alexander Barthet

An equipment repair shop went about fixing a backhoe brought in for service. After completing its work, the shop returned the equipment to its owners along with a bill for repairs. When, in a few months the shop didn’t get paid, it placed a repairman’s lien on the backhoe – recording notice of the monies it was owed. Suit was eventually filed to foreclose the lien; an open and shut case thought the repair shop. But in what should be a wakeup call for all those whose business practice has been to release items before getting paid, the court denied the lien enforcement action.

Possession Counts

Such claims for labor or services on personal property – such as a backhoe – are possessory in nature. The court therefore found that the repair shop’s right to claim a lien was extinguished when it relinquished possession of the property it repaired. The shop needed to hold on to that backhoe until it got paid, at least if it expected to protect its lien rights.

Possession being 9/10’s of the law couldn’t be more true here.

Source: http://feedproxy.google.com/~r/lienzone/~3/XkwMkLy_pJc/

  

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6 Ways to Lose Your Lien

Posted by on Jul 7, 2015 in Blog | 0 comments

<a href=http://feedproxy.google.com/~r/lienzone/~3/Z9B3v9u85TA/ target=_blank >6  Ways to Lose Your Lien</a>

By Alexander Barthet

A claim of lien may be a contractor’s last resort, often filed at the eleventh hour in an attempt to protect monies due for work performed. But prepared in a rush or not filed the right way and without the proper follow up, liens can be defective and  ineffective. There are plenty of times when a construction lawyer receives a claim of lien to enforce, only to realize upon reviewing the lien that there are  problems. Some missteps may be more obvious than others, and several can be fatal to the enforcement of a lien.

Here are 6 quick ways to lose your claim of lien:

Don’t make these mistakes. Know the law by downloading the #1 guide to Florida’s construction lien law, Sink or Swim: Navigating Florida’s Lien Law. You’ll learn when and how to record a construction lien that can be enforced.

Source: http://feedproxy.google.com/~r/lienzone/~3/Z9B3v9u85TA/

  

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Shop Drawing Review

Posted by on Jun 30, 2015 in Blog | 0 comments

<a href=http://feedproxy.google.com/~r/lienzone/~3/zOClzP85InI/ target=_blank >Shop Drawing Review</a>

By Alexander Barthet

Do you know that design professionals, including architects and engineers, can be held liable for issues that are not addressed during their review of shop drawings, especially when these develop into problems on a construction project?  A construction lawyer will tell you that a professional has a duty to perform any requested service in accordance with the standard of care used by similar professionals in the same community working under like circumstances.  This means the design professional must, at the very least,  exercise reasonable care and skill.

Who Should Review Shop Drawings?

In the course of reviewing and approving shop drawings, a design professional should be cognizant of the contractual requirements specific to the job and should be sufficiently knowledgeable and skilled to recognize possible construction predicaments and design dilemmas.  It is therefore important that, in addition to basic qualifications, the individual professional to whom shop drawing review is assigned also be familiar with the governing contracts, related documents and design concepts for the particular work.  A design professional on a project would do well to insist that the general contractor’s schedule reflect sufficient time for all necessary shop drawing reviews.

Shop drawings are not short cuts to full and complete design.  They should not be used as vehicles to suggest changes or substitutions to the project’s contractual requirements by any of the entities involved, be they the contractor, subcontractors, suppliers or design professionals.  If it becomes necessary to make such changes, the contractor must initiate a specific request to the design professional to document a change order.

Shop Drawing Language

As for the design professional’s communication of the results of its shop drawing review, it has become clear that attempting to skirt responsibility by not using certain words may not really work.  Unless specifically rejected, the shop drawing will be deemed approved.  It therefore merits consideration that any rubber stamp used to convey the design professional’s opinion at least include these options:  REVIEWED, APPROVED, REJECTED, REVISE and RESUBMIT.  It is not recommended that the term Conditional Approval be used as it leaves open for interpretation too many aspects beyond the control of the reviewer.  However, adding some limiting language to the stamp is wise, such as:

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Source: http://feedproxy.google.com/~r/lienzone/~3/zOClzP85InI/

  

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